TRANSPLANTATION AND ANATOMY ACT 1978 - SECT 27 Authority to remove tissue if body of deceased at hospital

TRANSPLANTATION AND ANATOMY ACT 1978 - SECT 27

    (1)     Subject to this part, if it appears to a designated officer for a hospital, after making the inquiries that are reasonable in the circumstances, that a deceased person who has died in the hospital or whose dead body has been brought into the hospital—

        (a)     had, during his or her lifetime, expressed the wish for, or consented to, the removal after his or her death of tissue from his or her body—

              (i)     for the purpose of the transplantation of the tissue to the body of a living person; or

              (ii)     for the purpose of the use of the tissue for other therapeutic purposes or for medical or scientific purposes; and

        (b)     had not withdrawn the wish or revoked the consent;

the designated officer may, in writing, authorise the removal of tissue from the body of the deceased person for that purpose.

    (2)     Subject to this part, if it appears to a designated officer for a hospital, after making the inquiries that are reasonable in the circumstances in relation to a deceased person who has died in the hospital or whose dead body has been brought into the hospital, that—

        (a)     the designated officer is not authorised by subsection (1) to give an authority in relation to that person; and

        (b)     the deceased person had not, during his or her lifetime, expressed an objection to the removal of tissue from his or her body; and

        (c)     the senior available next of kin of the deceased person has not objected to the removal of tissue from the body of the deceased person;

the designated officer may, in writing, authorise the removal of tissue from the body of the deceased person for any of the purposes referred to in subsection (1) (a).

    (3)     If a designated officer for a hospital, after making the inquiries that are reasonable in the circumstances, is unable to ascertain the existence or whereabouts of the next of kin of the deceased person, subsection (2) applies as if paragraph (c) were omitted.

    (4)     The senior available next of kin of a person may make it known to a designated officer at any time when the person is unconscious before death that he or she has no objection to the removal, after the death of the person, of tissue from the body of the person for a purpose referred to in subsection (1), but the designated officer shall not act on such an indication if the person recovers consciousness.

    (5)     If there are 2 or more persons having a description referred to in a subparagraph of the dictionary, definition of senior available next of kin , paragraph (a) or (b), an objection by any 1 of those persons has effect for this section notwithstanding any indication to the contrary by the other or any other of those persons.